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01/18/94
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01/18/94
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Meetings
Meeting Document Type
Agenda
Document Title
Finance Committee
Document Date
01/18/1994
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and holiday closing) or (ii) during which any financial emergency situation exists as a result of <br />which disposal by l~he 4M Fund of 4M Fund Property is not reasonably practicable because of the <br />substantial losses w,~hich might be incurred or it is not reasonably practicable for the 4M Fund <br />fairly to determine~the value of its net assets. Such suspension or postponement shall not alter or <br />affect a Participarr, t's beneficial interest hereunder as measured by its Shares or the accrued <br />interest and earninss thereon. Such suspension or payment shall take effect at such time as the <br />Trustees shall specify but not later than the close of business on the business day next following <br />the declaration of si~spension, and thereafter there shall be no right of withdrawal or payment until <br />the Trustees shall declare the suspension or postponement at an end, except that the suspension or <br />postponement shall 'terminate in any event on the first day on which the period specified in clause <br />(i) or (ii) above s~hall have expired (as to which, the determination of the Trustees shall be <br />conclusive). In the~case of a suspension of the right of withdrawal or a postponement of payment <br />pursuant to withdra~"al requests, a Participant may either (i) withdraw its request for withdrawal or <br />(ii) receive payment based on the net asset value existing after the termination of the suspension. <br /> <br /> 6.7 Minimum Withdrawal. There shall be no minimum amount which may be withdrawn <br />from the 4M Fund? at any one time at the option of a Participant; provided, however, that no <br />request by a ParticiPant for the withdrawal of less than one dollar ($1.00) need be honored. <br /> <br /> 6.8 Defactive Withdrawal Requests. In the event that a Participant shall submit a <br />request for the wit~hdrawal of a greater amount than is then credited to the account of such <br />Participant, such request shall not be honored, and each Participant, by its adoption of this <br />Declaration of TruS, t, agrees that the Trustees shall have full and complete power to withdraw <br />funds from the ac~.ount of a Participant, and to reduce proportionately the number of Shares <br />allocated to such Participant in accordance with Section 6.5 hereof, in an amount sufficient to <br />reimburse the 4M Fland for any fees, expenses, costs or penalties actually incurred by the 4M Fund <br />as a result of such d~fective withdrawal request. <br /> <br /> 6.9 .Alloc~ation of Certain Expenses. Each Participant will, at the discretion of the 4M <br />Fund, indemnify the 4M Fund against all expenses and losses resulting from indebtedness incurred <br />on that Participant'si behalf under Section 4.2(iv)(b) or (c) hereof. Each Participant authorizes the <br />Trustees to reduce its Shares to the number of Shares which reflects that Participant's proportion- <br />ate interest in the net assets of the 4M Fund after allocation of those expenses and losses to it. <br /> <br />ARTICLE VII <br /> <br />Record of Shares <br /> <br /> 7.] Share~Re~.ister. The Share Register shall be kept by or on behalf of the Trustees, <br />under the direction ~f the Trustees, and shall contain (i) the names and addresses of the Partici- <br />pants, (ii) the numbe~' of Shares representing their respective beneficial interests hereunder and (iii) <br />a record of all allocations and reductions thereof. Such Share Register shall be conclusive as to <br />the identity of the ;Participants to which the Shares are allocated. Only Participants whose <br />allocation of Shares ~is recorded on such Share Register shall be entitled to receive distributions <br />with respect to Sharp, es or otherwise to exercise or enjoy the rights and benef/ts related to the <br />beneficial interest hereunder represented by the Shares. No Participant shall be entitled to receive <br />any distribution, nor; to have notices given to it as herein provided, until it has given its appro- <br />priate address to such officer or agent of the Fund as shall keep the Share Register for entry <br /> <br />23 <br /> <br /> <br />
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